Commentary on Article 149. Detention of Suspects in Respect of Whom Detention in Custody Has Been Applied as a Preventive Measure of the Criminal Procedure Code of the Republic of Kazakhstan
Suspects in respect of whom detention in custody has been applied as a preventive measure are held in pre-trial detention facilities. The procedure and conditions of their detention are determined by legislation.
Pursuant to the Law of the Republic of Kazakhstan dated March 30, 1999, “On the Procedure and Conditions for the Detention of Persons in Special Institutions and Special Premises Ensuring Temporary Isolation from Society,” detention in custody means the temporary isolation of persons in special institutions, as established by the laws of the Republic of Kazakhstan and authorized by a court (subparagraph 10) of Article 2); a pre-trial detention facility is a type of special institution (subparagraph 2) of Article 2) intended for the detention of suspects and accused persons who have allegedly committed a criminal offense and in respect of whom detention in custody has been selected as a preventive measure, etc. (subparagraph 11) of Article 2).
The same Law (paragraphs 1–2 of Article 15) establishes the content of the internal regulations governing places of detention in custody, which include the following procedures: 1) admission of suspects and accused persons and their placement in cells; 2) personal searches, fingerprinting, photographing, as well as inspection of the belongings of suspects and accused persons; 3) confiscation from suspects and accused persons of items, substances and food products prohibited for possession and use; 4) provision of material and household support to suspects and accused persons; 5) purchase by suspects and accused persons of food products, as well as essential items and other manufactured goods; 6) acceptance and delivery of parcels and packages to suspects and accused persons; 7) receipt and sending by suspects and accused persons of telegrams, letters and money transfers; 8) submission by suspects and accused persons of proposals, applications and complaints; 9) performance of religious rites by suspects and accused persons; 10) engagement of accused persons in labor; 11) participation of suspects and accused persons in family-law relations and civil-law transactions; 12) arrangement for suspects and accused persons to subscribe to newspapers and magazines; 13) provision of medical and sanitary services to suspects and accused persons; 14) organization of daily walks for suspects and accused persons; 15) meetings of suspects and accused persons with persons specified in Article 17 of the Law; 16) ensuring the participation of suspects, accused persons and defendants in investigative actions and court hearings; 17) personal reception of suspects and accused persons by the head of the administration of the place of detention in custody and persons authorized by him; 18) release of the bodies of suspects and accused persons who have died in places of detention in custody; 19) application of incentive and disciplinary measures to suspects and accused persons; 20) release of suspects and accused persons from custody.
In addition, the Internal Regulations also establish rules of conduct for suspects and accused persons in places of detention in custody, a list and quantity of food products, essential items, footwear, clothing and other manufactured goods that suspects and accused persons may keep on their person, store, receive in parcels and packages, and purchase through cashless payments, as well as a list of services provided to suspects and accused persons for a prescribed fee.
The issues of ensuring the regime in places of detention in custody are addressed in greater detail in the Internal Regulations for Places of Detention in Custody approved by the Ministry of Internal Affairs, the National Security Committee and the Ministry of Defense of the Republic of Kazakhstan. These subordinate regulatory legal acts are available in the database of the Information and Legal System.
Commentary of 2020 on the Criminal Procedure Code of the Republic of Kazakhstan by Marat Chekishevich Kogamov, Doctor of Law, Honorary Lawyer of Kazakhstan, Professor, Academician of the Kazakhstan National Academy of Natural Sciences, Honored Employee of the Ministry of Internal Affairs of the Republic of Kazakhstan.
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